Rats in ceiling

After signing lease agreement but prior to moving in end of May this year, we were told by text that BTW - kitchen, living and combined dining room is an illegal construction - tacked onto side of building on the first floor. Too late to pull out of moving and had no anticipation of the problems we have had to endure since moving in.

Within weeks we were plagued with a terrible smell in the said room and we started to notice noises above our heads in the ceiling void. After a month the original RE agent was dropped and the new RE agent is related to the landlord. We had great difficulty getting them to address this issue and so I had to resort to the FEHD and the Building Authority. Over the months, we have had many visits for them to remove dead rats - all documented and photographed.

The owners had been notified in Feb 2007 ( and most recently again last month ) by the BA that the extension had been noted to be illegal. They have been asked to pull it down but no deadline is given and so most landlords just ignore this request. In fact the info that this apartment has an illegal construction is out there in the public domain and maybe the reason it did not sell earlier this year and so was put up for rent.

At the time we were rushed by agent to sign and at neither of the two viewings was it mentioned there was an illegal construction.

The condition above our heads has distressed our family. The landlord has sent contractors to "board up" holes but the problem remains due to the nature of the illegal construction.

Due to the condition and threat to the health of our family we advised the RE agent that we would move out at the end of Dec 08. I am taking my children back to Australia. But my husband will remain here for work and has signed up on another apartment and so we can move out quickly within the next few weeks.

We got legal advice and letters were exchanged between our lawyers but the landlord is accepting no blame and not releasing us from contract.

On 8th Oct after continued bad smell and dead rats, I advised we would not pay Nov and Dec rent and they could keep our deposit.

They are now threatening to sue us.

Our legal advice is that if we vacate and courier the keys to agent, acceptance would terminate the lease.

We of course want to avoid court but can not live here peaceably and hoped that as the landlord is a doctor here in HK he would appreciate the health risks we face!!